08-11 BAN to improve certian streets

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If any Depository determines not to continue to act as a Depository for the Notes for use in a book. entry system, the Director of Finance may attempt to establish a securities depository/book entry relationship with another qualified Depository. If the Director of Finance does not or is unable to do so, the Director of Finance, after making provision for notification of the beneficial owners by the then Depository and. any other arrangements deemed necessary, shall permit withdrawal of the Notes from the Depository, and shall cause the Notes in bearer or payable form to be signed by the officers authorized to sign the Notes and delivered to the assigns of the Depository or its nominee, all at the cost and expense (including any costs of printing), if the event is not the result of City action or inaction, of those persons requesting such issuance. The Director of Finance is also hereby authorized and directed, to the extent necessary or required; to enter into any .agreements determined necessary in connection with the book entry system for the Notes, after determining that the signing thereof will not endanger the funds or securities of the City. Section 6. The Notes shall be sold at a purchase price equal to note less than 98% of the aggregate principal amount of the. Notes to'the Original Purchaser by the Director of Finance in accordance with law and the provisions of this Ordinance, the Final Terms Certificate and the Note Purchase Agreement. The Director of Finance shall sign the Final Terms Certificate referred to in Section 3. The Note Purchase Agreement between the City and the Original Purchaser now on file with the Clerk of this Council is now approved, and the Director of Finance is authorized to sign and deliver, on behalf ofthe City, the Note Purchase Agreement with such changes that are. not inconsistent with the provisions of this Ordinance, are not materially adverse to the interests of the City and are approved by the Director of Finance. That any such changes to the Note Purchase Agreement are not materially adverse to the interests of the City and approved by the Director of Finance shall be evidenced conclusively by the signing of the Note Purchase Agreement by the Director of Finance. The Director of Finance shall cause the Notes to be prepared, and have the Notes signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Notes if requested by the Original Purchaser, to the Original Purchaser upon payment of the purchase price. The Mayor, the Director of Finance, the Director of Law, the Clerk of Council and other City officials, as appropriate, are each authorized and directed to sign any transcript certificates, financial statements and other documents and instnunents and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The Director of Finance is authorized, if it is determined to be in the best interest of the City, to combine the Notes with one or more other note issues of the City into. a consolidated note issue pursuant to Section 133.30(B) ofthe Revised Code. Section 7. The proceeds from the sale of the Notes, except any premium, shall be paid into the proper fund or funds and those proceeds are appropriated and shall be used for the purpose for which the Notes are being issued. Any portion of those proceeds representing premium shall be paid into the Bond Retirement Fund and used fo pay the debt charges on the Notes. Any income earned from the investment of the proceeds of the Notes shall be deposited into the fund in which such proceeds are deposited (and shall not be transferred to the General Fund). The proceeds of the Notes and the investment earnings on those proceeds are appropriated for the uses described above. 3